There are two components to the Disability Living Allowance. Disability Living Allowance is awarded at three rates for personal care.

The other component is, the Mobility component awarded at two rates, lower & Higher. Where you are awarded the "Higher Rate". You can use your allowance to take part in the Motability Car Scheme.

I do not know how the review is impacting the Mobility component. Please email me

If you have any experience to share. If your Mobility component is reviewed. And you awarded the "medium" or "lower rate". The DWP will inform you & Motability of the case.

You then have the right to appeal that decision. An appeal can take up to three months. Inform Motability that you have made an appeal. During the appeal period you retain your car. The cost is met by Motability. You incur no extra charge.

The DWP will write to you & Motability with the decision of the appeal.

If your appeal is successful. You continue your contract with your car as normal.

If your appeal is not successful. Motability will make arrangements with you to collect your car. You contract for your car ends. You will not be charged for any period of your contract that is outstanding.

I hope this answers some of the worries people have raised. I would encourage you to call Motability if you need any further reassurance.

Freedom Passes

Some are concerned that they might loose there entitlement to their Freedom Passes if they face a change to there Disability Living / Mobility Allowance.

Some councils do award Freedom Passes to those who may not be eligible for DLA. Doing so depending on the circumstances of individual concerned & at the discretion of the Local Council.

You will be migrated to PIP from DLA at some point over the migration period. You will be reassessed using the PIP framework. It will depend on how much help you need when you are assessed under the new process. Alas no one can answer the question you ask.

You can be in the Support group for ESA but have no entitlement to DLA.

The Government is writing to some terminally ill people to tell them their benefit will be ended in six months.

20 September 2011

The Department for Work and Pensions (DWP) began writing to people affected this week [1] to say that, under Welfare Reform Bill plans, ‘contributory-Employment and Support Allowance’ (c-ESA [2]) will be time-limited to one year from April 2012. Terminally ill people who have accessed c-ESA since April 2011 may lose all out of work help in just six months as a result [3].

Neil Coyle, Disability Alliance Director of Policy, says:

‘The impact of cutting support will be devastating for people already told they only have a limited time left to live. Many will have worked for years and will feel they deserve a little support in return till they pass away. The Government has time to change plans before terminally ill people and their families have this avoidable and quite nasty cut imposed.’

DWP believe 700,000 people will be affected by 2015/16 from ending support after one year [4]. Some terminally ill people may qualify for alternative help but over 400,000 people must lose all support if the Government’s targeted cut of £2 billion is to be met [5].

Cancer charities estimate 7,000 cancer patients could lose help [6] and when people with other conditions are included the total number of people with terminal conditions affected will be higher.

Despite terminally ill people beginning to receive the worrying letter from DWP, the House of Lords has not even scrutinised Government plans yet. The Welfare Reform Bill enters Lords committee sessions in two weeks [7] and the time-limiting could be amended or removed. The national Liberal Democrat conference voted against time-limiting support just three days ago [8]. But the letters are being sent now at a cost of £2.7 million – including letters to people unaffected by the change [9] but who will experience considerable anxiety.

Neil Coyle adds:

‘The Government approach will mean some terminally ill people face costly, avoidable reassessments and massive anxiety. Others will lose financial help at a very tough time. It is not uncommon to be diagnosed with a fatal illness but have more than a year to live. But the Government will end benefits support for people well before they pass away, even for people who have worked all their lives. This is unacceptable, unfair and offensive to ordinary sensitivities.’

Disability Alliance believes that anyone with a terminal illness should be entitled to Support Group protection and should not face time-limited support/benefits. The Government could amend the Bill to this effect and avoid people close to death experiencing additional financial hardship and isolation.

[2] Employment and Support Allowance (ESA) has two groups: the Support Group for people not obliged to undertake work; and the Work-Related Activity Group (WRAG), for people who must undertake some work-related activity. People receiving ESA WRAG who have made National Insurance contributions previously are the people targeted to lose help from April 2012 (contributions-based ESA WRAG).

[3] Terminally ill people with a prognosis of less than six months to live will be protected as they can qualify for ESA Support Group. People with a prognosis of longer than six month may be in the ESA WRAG and are likely to receive the DWP letter.

If the Tribunal found for you and thus you won your appeal than the award for DLA would depend on the direction of the Tribunal. What I mean to say is that they would either rule that your DLA should continue OR they could direct the DWP to look again at the decision taking into full account the further detail of there judgement.

The DWP is wrong as if you are over 65 BUT have claimed DLA prior to that you continue to get DLA. However if by virtue of a review and the removal of an award of DLA. If you re-apply than that would be a new claim but for Attendence Allowance.

If you won your case and it was to re-instate your DLA than you continue to recieve DLA. The DWP has many cases that fall into this anomoly. If the Judgement was against you and the judge sited the DWP reason that you were over 65 Years as a reason in their judgement than I would see a lawyer as there is an error in law here.

Please email me john@tcell.org.uk the details of your appeal i.e. the case number as then I would be able to give a more informed view rather than the broad view currently on information provided.

Disability Living Allowance is about need with respect to Care & Mobility and it doesn't matter if you are employed or not.

I could argue, and do, that the DLA556 is not fit for purpose with respect to HIV. It is a generic form for all disabilities and not tailored to the nuances of HIV.

It is not a matter of making your HIV fit the form. Rather if the form doesn't allow you to express your care and mobility needs during the day & night. You can call your decision maker, noted on your correspondence, and ask to submit the information in a different form such as detailed letter or diary for example.

Only you know what your care & mobility needs are, what the impact of your HIV is for you. So only you can determine if pursuing your claim is for you.

Many have other health issues both related and not related to their HIV, that are an additional burden to their care and mobility needs.

I have just recieved my DLA556, and I really don't seem to meet any of the requirements. I was issued with a DS1500 in October 1995, and have just let my claim run on happily as i get on with my life.

As i dont seem to meet any of the criteria on the form, except that i am HIV positive and have insomnia, should I just withdraw my claim? Or just send it off in 26 days days time and hope for the best. I do have an income, but the loss of over £400 per month is going to cause me a few problems!!

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